Madhya Pradesh High Court
Arun Barle vs The State Of Madhya Pradesh on 1 December, 2023
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8323 of 2022
(ARUN BARLE Vs THE STATE OF MADHYA PRADESH)
Dated : 01-12-2023
Mr. Siddharth Datt - Advocate for appellant Arun Barle.
Mr. Akhilendra Singh- Government Advocate for respondent/State.
Heard o n I.A. No.27608 of 2023, which is second application under
Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and
grant of bail to appellant arising out of judgment dated 07/09/2022 delivered in
ST No.39/2017 by the Second Additional Sessions Judge, Waraseoni, District
Balaghat (MP).
T h e appellant has been convicted under Section 304-II of IPC and
sentence to undergo RI for seven years with fine of Rs.1,000/- with default
stipulation.
Learned counsel for the appellant by taking this Court to the prosecution
story submits that on 19/02/2017, the appellant allegedly caused an injury by
means of a 'hook' on the head of Chandrashekhar (deceased). The incident is of
19/02/2017 but Chandrashekhar died on 10/03/2017.
Shri Datt, learned counsel for the appellant submits that the statement of
son of deceased Shiv Kumar Barle (PW-1) shows that his father used to visit
the Mandi where incident had taken place till 02/03/2017. The said witness
further deposed that the deceased used to visit Mandi from Waraseoni on his
bicycle. Till 02/03/2017, the deceased used to talk in a normal way.
The next reliance is on the statement of Dr. Manoj Pandey (PW-10) who
deposed that after the incident, a report (Ex.P/8) was prepared. Two injuries
mentioned in the report were simple in nature. The death could have taken place
because of deformity and deterioration of injury. It is further argued that Dr.
Ashok Surana (PW-11) deposed that the deceased was admitted in the hospital
because of rise of Blood Pressure and brain hemorrhage. Similarly, Dr.
Rishikesh B. Pathak (PW-21) stated that there was no external injury on the
body of the deceased. All the injuries are relating to the cut which have taken
place during operation.
Lastly, Shri Datt, relied upon the statement of Dr. V. K. Choudhary (PW-
22) who deposed that when deceased was admitted in the hospital on
02/03/2017, his Blood Pressure was on a higher side and he was able to speak.
The Doctor who conducted the postmortem, deposed that the deceased died
because of brain hemorrhage.
In nutshell, the argument of learned counsel for the appellant is that the
injury allegedly caused by appellant was simple in nature. For this reason, the
deceased, from the date of incident i.e. 19/02/2017 till 02/03/2017, regularly
visited the Mandi where incident had taken place. He came to Mandi and
Waraseoni on a bicycle which shows that injury was not grievous in nature. He
submits that his argument finds support from the statement of all the aforesaid
Doctors. The cause of death is not the aforesaid injury. Indeed because of
death is rise of Blood Pressure and brain hemorrhage. The appellant remained
in custody during trial on 01/04/2017 to 14/11/2017 and thereafter from the date
of judgment. He is first offender. The final hearing of this appeal is not possible
in near future. Thus, remaining jail sentence of appellant may be suspended and
he be released on bail.
Learned Government Advocate opposed the prayer by placing reliance
on certain paragraphs of the judgment.
Consideration the aforesaid factual backdrops and without expressing
any opinion on the merits of the case, I deem it proper to suspend the remaining
jail sentence of the appellant. Accordingly, I.A No.27608 of 2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant is hereby suspended and it is directed
that the appellant Arun Barle be released on bail on his furnishing a personal
bond for a sum of Rs.30,000/- (Rupees Thirty thousand only) with one
solvent surety of the like amount to the satisfaction of the trial court with a
further direction to appear before the trial Court Waraseoni District
Balaghat on 08.01.2024 and also on such other dates, as may be fixed by the
trial court in this regard during the pendency of this appeal.
C. c. as per rules.
(SUJOY PAUL)
JUDGE
manju
